Universitat Internacional de Catalunya

Civil Law 1

Civil Law 1
6
8450
1
Second semester
FB
Main language of instruction: Spanish

Other languages of instruction: Catalan

Teaching staff


Previously agreed upon between the professor and student.

Introduction

The main conceptual tools of civil law and private law as well as the legal regulation for laws of persons from the time of their birth to the time of their death shall be studied.  In addition, the first part of general contract theory (which will continue in Civil Law 2 with the general theory of obligations) will also be studied.

Pre-course requirements

Not necessary

Objectives

By the end of the course, the student should have acquired knowledge related to:

* The foundations of Civil Law.

* The main institutions of law for the person

* The main parts of contracts that have been explained

Competencies

  • 01 - To acquire the ability to understand main ideas and participate in conferences or professor led lectures in their academic context.
  • 02 - To acquire the ability to understand, analyse and synthesise
  • 03 - To be able to express one's ideas and arguments in an orderly and coherent way both in oral and written form (written and oral techniques)
  • 04 - To turn in documents that have been formally and thoroughly prepared to high standards
  • 11 - To acquire skills for autonomous learning
  • 14 - To be aware of the importance of the Law as a regulatory system for social relationships
  • 17 - To understand and have knowledge of public and private institutional principles in their origin and as a whole
  • 18 - To understand the different ways of creating Law within its historical evolution as well as its current state
  • 22 - To be able to identify and interpret documentation normally used in legal and negotiating settings
  • 23 - To identify the state, doctrinal and legal framework of a complex legal issue
  • 24 - To acquire the skills to resolve problems and make decisions using relevant information and by applying correct methods while placing the issue within a legal system context
  • 30 - To master computer techniques for obtaining legal information (legal databases, jurisprudence, and bibliography)

Learning outcomes

1.  To know and understand the rules within the general part of Civil Law and in particular the efficiency and interpretation of legal regulations, the time and the objective of Civil Law.

2.  To have acquired solid knowledge of physical persons civil and legal regulatons and in particular, with special attention to supervising institutions.

3. To have acquired the ability relate different supervising institutions (and apply them) to specific cases.

4.  To know and understand the general rules of legal business.

5.  To know and understand the rules of representation.

6.  To have acquired the skills for oral and written communication.

7.  To have developed the ability to analyse and synthesise information received in class ad from the complemetary material provided by the professor.

8.  To have developed the skills for conflict resolution related to the contents in the module.

9.  To have acquired skill in the use of ICTs with relation to obtaining legal information (legislative datebases, jurisprudence, etc.).

10.  To have acquired the skills that encourage reading comprehension.

11.  To have developed habits of neatness in one's own presentation and in documents.

12.  To be able to identify and interpret the document that is habitually used in legal affairs and civil affairs.

Syllabus

FIRST PARTE. INTRODUCTION

Topic 1. Private Law and Civil Law

1.1. Private and Civil Law
1.2. The creation of moderno civil rights.
1.3. Civil law and the Constitution of 1978.   

Topic 2. The Preliminary Stages of Civil code
2.1. The preliminary stage of Civil Code
2.2. Content: sources of law, the application of private law and the efficacy of legal regulations.    
2.3. Interpretation of private law 

Topic 3. Time in Civil Law
3.1. Time in Civil Law
3.2. How time is used
3.3. Limitations
3.4. Deadlines
3.5. exclusiones

Topic 4. The Objective of Law
4.1. Subjects and outcomes
4.2. Classification of the subjects
4.3. Patrimony

SECOND PARTE. THE LAW OF THE INDIVIDUAL  

Topic 5. The Beginning and End of the Individual
5.1. The individual in private law
5.2. The individual s beginnings and the legal statute of  nasciturus
5.3. La capacity of the individual: legal capacity and the capacity for work. the natural capacity.   
5.4. Minors and emancipation.  
5.5. The conditions of the individual: The civil state. The civil registry.
5.6. The individual s end. Declaration of death.  

Topic 6.Incapacity and Institutional Care and Protection   

6.1. Declaration of incapacity and its effects.  
6.2. Institutional Care and protection.  

Topic 7. Identifying and Locating a Person  
7.1. The identification of a person: Name and surnames. Kinship.
7.2. The domicile of an individual and civil location. y la vecindad civil
7.3. Disappearance and absence.   

Topic 8. Legal Persons and Private Law   

8.1. The Legal individual. The modalities of personification: society structure, corporate and foundational.  
8.2. The association
8.3. The foundation

Topic 9. Representation
9.1. The general doctrime of private law representation
9.2. Power and empowerment
9.3. The representative without power
9.4. Representative management

THIRD PART. GENERAL THEORY OF THE CONTRACT

Topic 10. The legal business and the contract
10.1. Legal facts, private autonomy (AP) and legal business
10.2. The contract: concept, history and classification of contracts.

Topic 11. The essential requirements of the contract
11.1. Contract requirements
11.2. The consent of the parties
11.3. The object
11.4. The cause
11.5. The form of the contract  

Topic 12. Vices of the essential elements of the contract
12.1. Vices of consent: error, violence and intimidation and fraud
12.2. Vices of the cause.

Topic 13. The formation of the contract
13.1. Preliminary deals
13.2. Offer and acceptance.
13.3. Moment and place of contract perfection.
13.4. The pre-contract.
13.5. The option contract
13.6. Commercial advertising in the contract formation process.
13.7. The formation of the contract by adhesion.
13.8. Law 7/1998 of April 13 on General Conditions of Contracting and the General Law for the Defense
of Consumers and Users approved by Royal Legislative Decree 1/2007, of November 16  

Topic 14. Effects of the contract
14.1. Contractual regulation and its sources: contract integration
14.2. Principle of relativity of the contract.
14.3. Contract in favor of 3rd.
14.4. Contracts in damage of 3º.
14.5. Contract in charge of 3º.
14.6. Contract para person to be appointed.

Topic 15. Inefficacy of the contract
15.1. Inefficacy oro disability. Inefficiency categorías
15.2. Absolute nullity of the contract.
15.3. Relative nullity of the contract.
15.4. Recisión of the contract.

 

Teaching and learning activities

In person



 

Formative activities:

  • Presentation of concepts and their practical application in the classroom.
  • Activities in the classroom in order to keep track of students (individually and in a group)   )
  • Student independent study
  • Individual and group projects
  • Tutorials

Methodologies:

  • Professor lecture
  • Putting together and presenting projects
  • Reading related to the subject
  • Searching for information
  • Individual study

 

TRAINING ACTIVITYCOMPETENCES
Presentación en el aula de los conceptos y su aplicación práctica
01 04 14 17 18
Actividades en el aula para el seguimiento de los alumnos (individual y en grupo)
02 03 22 23 24
Estudio independiente del alumno
11 14 17 18 24
Trabajos individuales y en grupo
02 04 30
Tutorías
02 03

Evaluation systems and criteria

In person



The final grade for the course will be made up of the final exam grade, which will count 70%, and the continuous assessment grade, which will count 30%.

The final exam will be written and it will be necessary to get at least a five to pass the course.

The continuous assessment consists of the following tests with their corresponding assessment in the final grade:

1. Throughout the semester there will be practices that will be done in class. Attendance and participation in these practices will be counted with 10% of the final grade. Dates are not anticipated in advance because they are made based on the time devoted to the topics.

2. On march 21, the positive law memorandum will take place. It is an oral test. Information about it will be posted in the moodle. The memorandum test will count up to 20% of the final grade.

Class attendance is mandatory. Each absence drops 0.1 from the final grade from the 5th absence to class.

Regardless of the continuous assessment, a written partial liberatory exam will be held on february 28. Those who pass it (from 5 onwards) will not have to take the subject in the final exam. Your grade will average with the final exam and that average will count for 70% of the final grade. Those who fail will have all the material for the final exam. The first 4 topics of the program enter in the midterm exam.

Continuous assessment will not be taken into account in the July 2nd call exam.

If the classes cannot be done in person, changes may be made in the continuous assessment.

 

Bibliography and resources

1. Recommended Basic Reading:

FIRST AND SECOND PART:

Antoni Vaquer Aloy (coordinador), Dret Civil. Part General i Dret de la Persona, Atelier, last edition.

Luis Díez-Picazo / Antonio Gullón Ballesteros, Sistema de Derecho Civil. Vol. I, Introducción. Derecho de la Persona. Autonomía Privada. Persona jurídica, last edition.

THIRD PART:Luis Díez-Picazo / Antonio Gullón Ballesteros, Sistema de Derecho Civil. Vol. II, Tomo 1, El contrato en general, last edition.

2. Corresponding legal texts.

3. Material given by the professor or attached in the moddle